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Failure to Raise Jurisdiction Objection Early Waives Right; Suit Restored for Trial by Delhi HC
Case Law Details
- Case Name
- Hanuman Prasad Sharma Vs J. Mithyleshwar (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Hanuman Prasad Sharma Vs J. Mithyleshwar (Delhi High Court)
The Delhi High Court allowed the appeal and set aside the trial court’s order which had returned the plaint under Order VII Rule 10 CPC on the ground of lack of territorial jurisdiction. The dispute arose from a civil suit filed for recovery of ₹10 lakhs, where the plaintiff claimed that the loan was advanced through a bank account in Delhi and that the cheque issued for repayment was also presented and dishonoured in Delhi.
The respondent/defendant later filed an application under Order VII Rule 10 CPC seeking re...
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